witnesses, investigatedded accuser rather than the accused rapist, and had trouble collecting dna evidence. with us ann marie mcle roy. do you see problems here? >> there are. a apparently the attorney says there were injuries, one would assume if this was consensual there wouldn't be injuries. temperature inconsistencies in the statements. this could be a case where it would be warranted to have somebody come in and maybe take another look at it, and the fact this kissed up for a heisman trophy, could that have impacted people's views? certainly. but on the other hand, if the district attorney doesn't feel there's sufficient evidence to be able to actually convict this young man, then the obligation is actually not to bring a case against him. if they don't think they have enough to prove beyond a reasonable doubt, they shouldn't bring a case against him. >> this can work both ways, and the call could be made that had